Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402

FEDERAL COURT OF AUSTRALIA

Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402 Citation: Lesianawai v Minister for Immigration and Border Protection [2014] FCA 402

Appeal from: Re L and Minister for Immigration and Border Protection [2014] AATA 3

Parties: RATU NOULU ORVILLE LESIANAWAI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 107 of 2014

Judge: ROBERTSON J

Date of judgment: 23 April 2014

Catchwords: MIGRATION – cancellation of applicant's visa on character grounds – review by Administrative Appeals Tribunal – whether jurisdictional error – whether Tribunal erred by failing to make a finding as to whether cancellation of the applicant's visa was or was not in the best interests of the applicant's child, in conformity with Direction No. 55 – whether Tribunal considered that its power was not fettered by any specific restriction notwithstanding Direction No. 55 – whether error immaterial – whether Tribunal misapplied the law and impermissibly fettered its discretion by answering a narrower question than that posed by s 501(2) of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 476A, 499, 501 Direction No. 55 – Direction Under Section 499 Migration Act 1958

Cases cited: Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom [2006] HCA 50; (2006) 228 CLR 566 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Spruill v Minister for Immigration and Citizenship [2012] FCA 1401; (2012) 135 ALD 45 Williams v Minister for Immigration and Citizenship [2013] FCA 702